Real Property Law
Recent rulings of interest to you and your practice.
Features
Index
A complete, easy-to-use listing of what's inside the newsletter.
Applicability of the Interstate Land Sales Act in New York
In two recent cases, sponsors in New York State, the state that has the most complex regulatory scheme for the sale of condominiums in the United States, have been found to have failed to comply with the less rigorous disclosure mandated by the Interstate Land Sales Act ("ILSA").
Decisions of Interest
Though NY Would Continue Child Support, CT Law Prevails In an unreported decision, Supreme Court, Westchester County, dismissed an action seeking continued payment of child support in accordance with New York law, as the child support order was issued by a Connecticut court and the father's discontinuance of payment was in accordance with Connecticut law. E.A. v. R.A., 28 Misc.3d 1239(A), Slip Copy, 2010 WL 3703271 (Table) N.Y.Sup.,2010 (Connolly, J.). …
Bankruptcy Court Must Handle Ex-Wife's Bid for Future Support Payments
The attempt of the ex-wife of jailed attorney Marc S. Dreier to collect $7 million in support from his bankruptcy estate suffered a setback in October. Refusing to lift an automatic stay in the case, Southern District Chief Bankruptcy Judge Stuart M. Bernstein held that Elisa Dreier was not entitled to have a state judge decide whether Mr. Dreier's non-compliance with a separation agreement accelerated all of the support obligations payable under the pact.
Custody Awards and 'Zones of Decision-Making'
The overriding policy that governs New York law with regard to custody determinations is that "there shall be no prima facie right to the custody of the child by either parent but the court shall determine what is for the best interests of the child." In more recent years, New York courts have divided "spheres," or "zones of decision-making," between the parents, in addition to determining the physical custody of the child.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›